Legal Opinion
A. E. Mallagh, Trustee in Bankruptcy of the Bankrupt Estate of Orville Stanford, Inc. v. Bank of America National Trust and Savings Association, Etc.
Court of Appeals for the Ninth Circuit
Decided March 14, 1962No. 17039PublishedCited by 4 opinions
1Opinion of the Court
JERTBERG, Circuit Judge.
This action was brought by the trustee in bankruptcy against the appellee, hereinafter referred to as “the Bank,” upon a complaint containing two claims or causes of action. The first claim is to recover money paid to the Bank under a void chattel mortgage, the chattel mortgage being void as to a trustee in bankruptcy and as to the creditors for the failure of the Bank to record the mortgage.
The second claim was based upon a preference under Sections 60, sub. a and 60, sub. b of the Bankruptcy Act, 11 U.S. C.A. § 96, subs, a, b.
In the course of the proceedings before…
2Cases cited14 opinions
- Moore v. BaySupreme Court of the United States · 1931
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
- Martin v. Commercial Nat. Bank of MacOnSupreme Court of the United States · 1918
- Holt v. Crucible Steel Co. of AmericaSupreme Court of the United States · 1912
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3Cited by4 opinions
- United California Bank, a California Corporation v. John M. England, as Trustee in Bankruptcy of Felden Industries, Inc.Court of Appeals for the Ninth Circuit · 1966
- Roscoe Moss Co. v. DuncanCourt of Appeals for the Ninth Circuit · 1964
- The Republic Supply Company of California v. W. A. MacMullen Trustee, Etc.Court of Appeals for the Ninth Circuit · 1964
- Roscoe Moss Company v. DuncanCourt of Appeals for the Ninth Circuit · 1964